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1 CENTRAL PROCUREMENT ORGANISATION (MKTG.) BHARAT PETROLEUM CORPORATION LIMITED ‘A’ INSTALLATION, SEWREE FORT ROAD SEWREE (E), MUMBAI - 400 015 OPEN TENDER FOR HIRING OF PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES FOR DETAILED FEASIBILITY REPORT (DFR) AND SETTING UP WIND ENERGY GENERATION PROJECT OF 6 MW (+/-5%) IN ANY STATE(S) IN INDIA CRFQ NO.:1000258749 (E-tender System No: 13843) Due Date: 12.07.2016 at 15:00 Hours

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Page 1: CENTRAL PROCUREMENT ORGANISATION (MKTG.) BHARAT … › pdf › tender document__13843.pdf · central procurement organisation (mktg.) bharat petroleum corporation limited ‘a’

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CENTRAL PROCUREMENT ORGANISATION (MKTG.)

BHARAT PETROLEUM CORPORATION LIMITED

‘A’ INSTALLATION, SEWREE FORT ROAD

SEWREE (E), MUMBAI - 400 015

OPEN TENDER FOR HIRING OF PROJECT

MANAGEMENT CONSULTANCY (PMC) SERVICES

FOR DETAILED FEASIBILITY REPORT (DFR) AND

SETTING UP WIND ENERGY GENERATION PROJECT

OF 6 MW (+/-5%) IN ANY STATE(S) IN INDIA

CRFQ NO.:1000258749

(E-tender System No: 13843)

Due Date: 12.07.2016 at 15:00 Hours

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CRFQ -1000258749 Date: 16.06.2016

TENDER FOR HIRING OF PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES

FOR DETAILED FEASIBILITY REPORT (DFR) AND SETTING UP WIND ENERGY

GENERATION PROJECT OF 6 MW (+/-5%) IN ANY STATE(S) IN INDIA

Invitation of Techno-Commercial Bid and Price Bid

1. Bharat Petroleum Corporation Limited is a Fortune 500 Navratna PSU engaged in manufacturing

and Marketing of diverse range of Petroleum Products.

BPCL invites you to submit your offer in a two-part bid for providing project management

consultancy (PMC) services for detailed feasibility report (DFR) and setting up wind energy

generation project of 6 MW (+/-5%) in any state(s) in India on the terms and conditions

contained in this tender document.

2. This is an e-tender. Please visit the website https://bpcleproc.in for participating in this tender

process and submitting your Techno-commercial and Price bids online.

3. The attached tender document consists of the following

Part A: Techno-Commercial Bid (other than Price Bid).

a) Terms of reference (Annexure-I )

b) Bid Qualification Criteria (Annexure-II)

c) Additional Requirements of PMC (Annexure-III)

d) Terms and Conditions of Contract (Annexure-IV)

e) General Instructions to bidders for E-Tendering (Annexure-V)

f) Proforma of Performance bank Guarantee (Annexure -VI)

g) Proforma of Holiday Listing (Annexure VII)

h) Techno-commercial terms and other information (Annexure -VIII)

i) Declaration (Annexure -IX)

Information pertaining to Techno-commercial details and other Information & Relationship with

Directors shall have to be submitted online.

The Vendors shall also be in a position to produce further information as and when required by

BPCL.

BPCL, at its discretion reserves the right to verify information submitted and inspect the

manufacturer facilities to confirm their capabilities.

Part B: Price Bid

Vendors have to submit Price Bids online as per the proforma given in tender document.

4. All the tender documents and Annexures, Techno-commercial details and Other Information &

Price Bids shall be required to be digitally signed with a class IIB or above digital signature by the

authorized signatory. The authorized signatory shall be:

a) Proprietor in case of proprietary concern.

b) Authorised partner in case of partnership firm.

c) Director, in case of a limited Company, duly authorized by its board of directors to sign.

If for any reason, the proprietor or the authorised partner or director as the case may be, are unable to

digitally sign the document, the said document should be digitally signed by the constituted attorney

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having full authority to sign the tender document and a scanned copy of such authority letter as also

the power of attorney (duly signed in the presence of a Notary public) should be uploaded with the

tender.

5. Online submission of the tender under the digital signature of the authorized signatory shall be

considered as token of having read, understood and totally accepted all the terms and conditions

6. EMD: EMD of Rs.1,00,000/- (Rs. One Lakh only) is required to be submitted if applicable in

physical form (by the way of crossed A/c Payee demand draft drawn on any Nationalised or

scheduled bank in favour of M/s Bharat Petroleum Corporation Ltd. and payable at Mumbai) at our

office in a sealed cover addressed to Procurement Leader (Group 4), with following boldly super-

scribed on the outer cover

CRFQ number

Item

Closing date/Time

Name of the tenderer

It should be dropped in the tender box or sent by Registered Post/Courier to the following address so

as to reach on or before the due date & time of the tender:

Central Procurement Organization (CPO),

‘A’ Installation, Sewree Fort Road,

Sewree, Mumbai-400015

BPCL will not be responsible for non-receipt of instrument(s) due to postal delay/loss in transit etc.

Bid received without the physical copy of EMD on or before the due date if applicable is liable to

be rejected.

EXEMPTION FROM EARNEST MONEY DEPOSIT:

Micro and Small Enterprises registered with District Industries Centers or Khadi and Village

Industries Commission or Khadi and Village Industries Board or Coir Board or National Small

Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by

Ministry of Micro, Small and Medium Enterprises

Vendor has to upload the necessary documents as mentioned above to claim exemption for Earnest

Money Deposit.

7. Pre-bid meeting for the tender will be held on 28.06.2016, 2016 commencing at 11.00 Hrs. IST

at the following address.

Central Procurement Organization (CPO),

A-Installation, Sewree Fort Road,

Sewree, Mumbai-400015

Vendors can start bidding after pre-bid meeting.

8. Your bid should be submitted online on or before the due date i.e. 12.07.2016, 2016, 15.00 Hrs.

9. The Vendors who are already enlisted with BPCL should also apply.

10. The vendors who are currently on BPCL’s Holiday List will not be considered.

11. BPCL reserves the right to accept any offer in whole or part or reject any or all offers without

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assigning any reason. BPCL is also not bound to accept the lowest Bid.

12. If BPCL is unable to evaluate any offer for want of information, such offer will not be considered.

13. BPCL’s decision on any matter regarding short listing of Vendors shall be final and any applicant

shall not enter into any correspondence with BPCL unless asked for.

14. BPCL reserves the right to accept/ reject any or all the Bids at their sole discretion without assigning

any reason whatsoever.

15. Forming Cartel and quoting rates in groups would disqualify the supplier.

16. Bids submitted after the due date and time as mentioned above, or not in the prescribed format is

liable to be rejected. BPCL does not take any responsibility for any delay in submission of online

bids due to connectivity problem or non-availability of site and/or other documents to be uploaded

online. No claims on this account shall be entertained.

17. Based on the information and documents submitted, the parties who are found to be techno-

commercially eligible shall qualify for the next round of the tender viz. price bid.

18. It shall be understood that every endeavour has been made to avoid errors which can materially

affect the basis of the tender and the successful bidder shall take upon himself and provide for risk of

any error which may subsequently be discovered and shall make no subsequent claim on account

thereof.

19. For clarifications, if any, please feel free to contact the undersigned on any working day between

10:00 am to 4:00 pm.

Thanking you,

Yours faithfully,

Yours faithfully,

For Bharat Petroleum Corporation Ltd.,

_______ Anil Ahir Procurement Leader

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Part A: Techno-Commercial Bid

ANNEXURE 1- TERMS OF REFERENCE

1. Project Background

Bharat Petroleum Corporation Ltd, (BPCL) a major Public Sector Undertaking intends to set up a

Wind Turbine Generator Project of up to 6 MW (+ /- 5 %) capacity for which detailed

feasibility study for the project needs to be undertaken and implementation is to be carried out on

Engineering, Procurement and Construction Contract (EPCC) basis from designing to

commissioning and subsequently Operation and Maintenance (O&M).

2. Scope of Work/Service

The Project Management Consultant (PMC) shall be engaged by BPCL for detailed

feasibility report, preparation and finalization of tender for EPC Contract, supervision of

project execution phase including erection, testing, commissioning and performance testing

of the project as well as supervision of the O&M.

In general, PMC shall act on behalf of BPCL (OWNER), report to the OWNER and be responsible

for carrying out the following assignments:

Phase 1: Preparation of Detailed Feasibility Report (DFR) for establishing the wind farm of

proposed 6 MW (±5%) considering, inter alia the following aspects but not limited to:

A. Wind energy potential and wind power market:

(i) Study of wind energy potential which exists in various states based on standard data, present

utilization and scope for future utilization.

(ii) Study of wind power market, major players in wind power generation and possibly their

business strategy.

B. Wind Energy Policies of State Governments:

(i) Study of wind energy policy, various schemes, concessions etc. of central government and

various state governments

(ii) Study of wind power purchasing rate structure of various states, state governments wind

power strategy etc.

(iii) Study of various state government policies in giving clearance for setting up of wind power

units, infrastructure assistance, etc.

C. Wind Power Purchase Policies of Potential States:

(i) The consultant shall bring out the mechanisms of various state electricity boards for wind

power purchase agreements.

(ii) The consultant shall bring out system of payment methods of various state grids for wind

power purchase.

D. Selection of wind power potential states / sites for wind farm:

(i) Selection of the potential state and sites based on long term strategy on optimum wind power

generation, techno-economics and return on investment.

(ii) Study the strategy for installation of the wind farm in potential states and sites taking into

consideration the long term state government wind power purchasing policies and techno-

economics.

(iii) Specific recommendation on the leading wind potential states and sites in chronological

order on the basis of techno-economic criteria.

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E. Capacity of WTGs available in wind industry & technology of wind generating

equipments:

To indicate suitable capacity of wind turbine generator (WTG) or range of capacities of wind

energy generators with reasons/justifications, their performance data, minimum cut-off

velocity, etc.

F. Estimation of capital cost of wind farm:

To indicate estimated capital cost of wind farm. The break-up may be given under the

following headings:

i) Approximate land cost in states /locations.

ii) Equipment cost for tower, nacelle, blades, transformer, connection to gird, control station etc.

iii) Erection and commissioning

G. Operation and Maintenance (O&M) cost

(i) Government fees, development charges, comprehensive insurance charges, wind power

production fees, Municipal / panchayat fees, grid connection, wheeling and banking charges,

etc. Spares cost Foreign exchange component any other fees.

(ii) O&M contract and the expenditure thereon and approximate escalation, etc.

H. Financial Aspects:

i) Investment criteria for deciding whether to go for 100% equity or debt /equity ratios and

different proportions are to be analyzed and advised.

ii) To estimate the Return on investment (ROI) and Breakeven point taking into various factors

such as accelerated depreciation, normal depreciation, 10 year income tax holiday etc.

iii) To study pay-back period, cumulative retained profit, average retained profit and cumulative

cash surplus over the life period, financial internal rate of return, P&L and cash flow

statements, tax implications etc. For the above analysis all the assumptions are to be

furnished.

I. Statutory Clearances

i) NOC from SEB / Regulatory Commission / Any other authorities / bodies.

ii) PPA with State utility / or any other body designated for entering into PPA for sale of the

power or captive use.

iii) Safety clearance from Chief Electrical Inspector for the State.

iv) Agreement of sub-lease of the land

v) Aviation / Forest / Environment clearances required in specific cases only

Phase 2 : Project Management Consultancy Services during tendering, order placement

A. Services for selection of EPC Contractor

(i) Preparation of EPC tender document,

(ii) Assisting in pre-bid meetings and replies to the queries raised,

(iii) Evaluation of bids,

(iv) Preparation of technical recommendation,

(v) Financial evaluation of bids and final recommendation for award of EPC contract.

(vi) Preparation of orders and co

B. Preparation of Detailed Project Report

Phase 3: Project Management Consultancy during construction phase

A. Review & Approval of Drawings /Data

Engineering data, specifications, drawings etc submitted by EPC

ii) Electrical installation drawing viz. Single line diagram for wind farm interfacing, etc.

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iii) Layout plan for control & metering station, unit sub-station, internal OH lines, control room,

trenches, earthing, lighting, fencing gate etc.

iv) Details of Civil work involved for the above

v) Checking & approval of detailed Bill of Materials along with specifications.

vi) Equipments drawings supplied by Electrical Contractor.

vii) Checking of job completion schedule of work for various activities related to WEG Tower

Foundations, Electrical installations, WEG Erection and Commissioning

Viii) Checking of quality plan/ check list for WEG Tower Foundations and electrical installations.

B. Site Supervision

i) Posting of an experienced and competent si te engineer to supervise activities of

construction of WEG tower foundation, erection of towers, WEGs and Commissioning of

WEGs as per implementation schedule.

ii) At least once a month site visit by consultant’s senior management during the erection and

commissioning period.

iii) Inspection and approval of all equipments after receipt at site.

iv) Checking and certifying quality / plan of erection work.

v) Witnessing pre-commissioning and commissioning tests of all equipments

vi) Submission of Progress Report from time to time.

vii) Checking and certifying protocol for WEG erection and commissioning

viii) Checking of Operation and Maintenance documents submitted by the WEG supplier.

ix) Preparation of list of incomplete jobs and defects, if any to be attended by the WEG supplier.

C. Other Responsibility:

i) Checking and certification of invoices/bills submitted by EPC contractor against milestone

activities to Owner for payment to Contractor.

ii) Review of contract documents and all other documents related to various statutory approvals/

clearances etc.

iii) Provide necessary assistance / back up in liaison work with concerned authorities for the

implementation of project.

iv) Providing all required services and assistance for replying to the queries of concerned

Government Departments/ statutory bodies and agencies on the progress and any other aspect

related to the project

v) Provide necessary back up / technical assistance for co- ordination with external agencies

viz. Insurance agencies etc.

vi) To ensure contractors carry out their activities in accordance with the safety plan throughout

the course of the construction of the project.

vii) Assistance in registering with MNRE for availing accelerated depreciation.

viii) Assistance in registering with state nodal bodies / any other bodies / authorities for setting up

and operating the wind power project.

Phase 4: Post Commissioning Monitoring

A. Deputation of one Senior Engineer at wind farm site for:

i) Physical study of Wind Electric Generators (WEGs) and Electrical installations.

ii) Collection of detailed data and relevant information of operation and maintenance based on

wind farm recorded and data stored in WEG control panel. The data and information

collection will cover, generation, reactive power consumption, down time of WEGs,

maintenance and spare consumption

iii) Discussions with O&M staff of Service Provider for any issues relating to wind farm

performance.

B. Analysis of collected information and data available at site using licensed software and

preparation of report for the wind farm containing the following:

i) Physical observation

ii) Actual generation and comparison with guaranteed / estimated generation.

iii) Internal losses.

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iv) Actual KVArh consumption

v) Stoppage hours of WEGs with break-up for low wind and non- availability of grid and

machine.

vi) Component failure, if any.

vii) Present maintenance status

viii) Recommendations for improvement in O&M of wind farm to achieve better performance.

3. Deliverables

Break up of time schedule/milestones for different activities shall be as given below:

a) Submission of Detailed Feasibility Report (DFR): 2 (two) weeks from the date of receipt

of LOI.

b) Completion and submission of EPC tender along with details of O&M contract for 6

MW (±5%) in any state(s) in India: 2 weeks from date of go ahead given by BPCL.

c) Review and recommendations of EPC bids: 2 weeks from the date of receipt of

supplementary information, if any from the bidder(s), after visits to the offered sites. Such

site visits are integral part of the evaluation process in these sorts of Projects.

d) Execution of Project: 20 weeks from the Date of issue of LOI to EPC Consultant or till

commissioning/handover. However it may increase to approximately 36 to 40 weeks due to

mutual agreement between BPCL and EPCC.

e) Project close-out and Post-commissioning assistance: 6 (six) months from the date of

commissioning of project.

4. Key Performance Indicators:

Adherence to the time schedule for all the deliverables and providing a quality output.

5. Co-Ordination Meetings:

Regular review meetings shall be held in the office of the Corporation at Mumbai or other regional

Offices between the PMC and the Corporation on regular basis covering all aspects of the work

scope for completing the project within the approved time frame. A responsible person from the

PMC side shall be required to attend these meetings for speedy implementation of the decisions &

follow up required. The PMC shall record minutes of such meeting and maintain them as records

for future references after obtaining the Corporations approval to the same within a week. BPCL

shall not make any additional payments towards the visits by the PMC that are required to the

offices of BPCL or for any co-ordination meeting, Pre-Bid conference, negotiation meetings or any

other meeting that become essential to be held for the purpose of the Tender, clarifications, works

etc.

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ANNEXURE-II: BID QUALIFICATION CRITERIA

Bidder/Vendor should qualify in each of the following Bid Qualification Criteria.

I. Credential eligibility: Bidder should have the experience in setting up Wind Turbine Generator

Projects and they shall furnish documentary evidences as mentioned below to establish their

experience / track record meeting. The certification by the bidder for their own WTG Projects or any

in-house work experience shall not be considered as valid experience for the purpose of pre-

qualification.

The bidder should meet the following criteria in full:

a) Bidder should have experience of having successfully carried out i.e preparing Detailed

Feasibility Report (DPR), providing project management consultancy from concept to

commissioning including monitoring of Operations and Management (O&M) of wind

turbine generator during the preceding 7 years prior to the final due date of bid opening, as

under:

One similar completed works for a Wind Turbine Generator Project of minimum capacity of

4.8 MW.

OR

Two similar completed works each for Wind Turbine Generator Projects of minimum

capacity of 3 MW.

OR

Three similar completed works each for Wind Turbine Generator Projects of minimum

capacity of 2.4 MW.

b) At least one Wind Turbine Generator Projects of not less than 2.4 MW capacity for which PMC

has provided services should be working successfully for at least one year from the date of

commissioning.

Documents required:

i. Copy of work Order or contract agreement certifying that the bidder has experience as per I-a.

ii. Copy of work Order or contract agreement and completion certificate issued by the client

showing reference no of work order/ agreement , date of completion of the project including

monitoring of O&M as per I-b.

iii. A certificate from a practicing Charted Accountant verifying and confirming the documents

mentioned in points i) to ii) above.

II. Financial Capacity:

a) The bidder should have achieved a minimum average annual financial turnover of Rs 10.18

Lakhs as per Audited Balance Sheet and Profit & Loss account, in the last available three

accounting years prior to due date of bid submission.

b) Net worth of the bidder should be positive in the last accounting year. The Net worth is defined

as TOTAL ASSETS MINUS TOTAL LIABILITIES.

Documents required:

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The afore-mentioned information shall be verified based on Audited Balance Sheet and Profit &

Loss Account statements submitted by the bidder pertaining to the last available three (3)

consecutive accounting years prior to the due date of bid submission.

III: Past Performance :

Bidders who are on holiday list by BPCL or any other Oil sector PSU will not be considered.

Accordingly, the bidder shall submit a self declaration. It may be noted that if this declaration is

found to be false, BPCL shall have the right to reject bidder’s offer, and if the bid has resulted in a

contract, the contract is liable to be terminated.

Documents Required:

A declaration by bidder indicating that they are not on holiday list by BPCL or any other oil sector

PSU as on due date of bid submission anywhere in the country.

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ANNEXURE III- ADDITIONAL REQUIREMENTS OF PMC

Sr. No Requirement Documents to be submitted

1 The bidder should have experience and competence

for wind resource assessment from raw data for the

site.

Copy of the licensed software for

wind resource assessment / Annual

energy need assessment. (WAsP or

any equivalent package)

2. Bidder preferably may have completed at least one

renewable energy project in a Central / State Govt. /

Public Sector Undertaking (PSU).

Documentary evidence of at least

one completed renewable energy

project of working with Central /

State Govt. / public sector

undertaking (PSU)

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ANNEXURE IV: TERMS AND CONDITIONS OF CONTRACT

1 DEFINITIONS:

Following terms and expressions shall have the meaning hereby assigned to them unless the context

otherwise requires:

1.1 'Contract' means the terms and conditions contained in the document entitled

“PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES FOR DETAILED

FEASIBILITY REPORT (DFR) AND SETTING UP WIND ENERGY GENERATION

PROJECT OF 6 MW (+/-5%) IN ANY STATE(S) IN INDIA” and the attached Terms of

Reference.

1.2 ‘Contractor’ or ‘Consultant’ means the individual or firm or body incorporated performing the

work under this Contract.

1.3 ‘Owner’ or ‘Company’ means Bharat Petroleum Corporation Limited (BPCL) and its

executors, successors, administrators and assignees.

1.4 The ‘Work’ means each and every activities required for the successful performance of

the services described under this contract.

1.5 ‘Operating Area’ means those areas on-shore in India in which company or its affiliated

company may from time to time be entitled to execute such services/operations.

1.6 'Site' means the land and other places, on, under, in or through which the works are to be

supervised by the Consultant and any other land and places provided by the Company for

working space or any other purpose as designated hereinafter as forming part of the

Site.

1.7 ‘Contract Price’ or ‘Contract Value’ means the price payable to the under the contract for

the full and proper performance of its contractual obligations.

1.8 ‘Company’s Items’ means the equipment, materials and services which are to be provided by

Company/Consultant at the expense of Company.

1.9 ‘Contractor’s Items" means the equipment, materials and services which are to be provided by

Contractor/Company at the expense of the Contractor.

1.10 'Commencement Date' means the date on which the Consultant starts work as per the scope of

work of the Contract.

1.11 'Contractor's personnel’ means the personnel as required to be provided by Consultant from

time to time for execution of this contract.

1.12 ‘Engineer-in-Charge’ or ‘Company Representative’ means the person or persons

appointed and approved in writing from time to time by the Company to act on its

behalf for overall co- ordination.

2 SCOPE OF WORK

Project Management Consultancy (PMC) services for detailed feasibility report (DFR) and setting

up wind energy generation project of 6 MW (+/-5%) in any state(s) in India as per the Terms of

Reference of tender CRFQ -1000258749.

3 PAYMENT TERMS

Payment shall be made on the 30th day against milestones as provided below. The percentage of

payment to be made against each milestone including all taxes and duties will be as under:

Item Description Milestone

Payment % of

Price of Relevant

Part

Phase I

Detailed

Feasibility

Reportc(DFR)

Preparation of DFR

100%

Phase II EPCC Tender &

Order Placement

Preparation and submission of final

tender specification and Notice 30%

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Inviting tender

On submission of PQ evaluation 10%

On submission of Techno-commercial

Evaluation Report 30%

On submission of Price Evaluation and

Final Recommendation 20%

On submission of Draft Purchase

Order and Contract Agreement and

Detailed Project report

10%

Phase -III

Monitoring and

Supervision of

Erection, Testing

and

Commissioning

of Wind Turbine

Generator (WEG)

On checking & recommendation for

approval of Basic Engineering, Quality

Plan and Construction Drawings 10%

On completion of shop inspection for

major items 20%

On Completion of foundations on pro-

rata basis 20%

On Completion of erection of WEG

on pro-rata basis 25%

On commissioning of the WEG on

pro-rata basis 20%

On submission of complete

documentation 5%

Phase -IV

Post

Commissioning

Monitoring of

WEG

On monthly basis at the end of each

month 100%

4 LIQUIDATED DAMAGE

Time is the essence of the contract. In case the consultant fails to complete the whole work within

the stipulated period, he shall be liable to pay liquidated damages of 0.5% of the value of contract

per week and or part thereof of the delay subject to a maximum of 5% of the value of the contract.

The parties agree that this is a genuine pre-estimate of the loss/damage which will be suffered by the

owner on account of delay on the part of the consultant and the said amount will be payable on

demand without there being any proof of the actual loss or damages having been caused by such

delay/breach. The owner shall be at liberty to adjust or deduct the said amount of liquidated

damages from any amount due to the consultant including Security Deposit.

The owner shall be at liberty to deduct or retain from any amount payable to the consultant

periodically, the proportionate or full amount of liquidated damages as the case may be for the delay

periodically caused by the contractor

5 SUM PAYABLE BY WAY OF COMPENSATION TO BE CONSIDERED AS

REASONABLE COMPENSATION WITHOUT REFERENCE TO ACTUAL LOSS

All sums payable by way of compensation under any of the conditions shall be considered as

reasonable compensation without reference to the actual loss or damage, which shall have been

sustained by the Owner.

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6 SCHEDULE OF RATES AND PAYMENTS

a) Consultant’s Remuneration

The price to be paid by the Owner to consultant for the whole of the work to be done and the

performance of all the obligations undertaken by the consultant under the contract documents

shall be ascertained by the application of the respective item rates (the inclusive nature of which

is more particularly defined by way of application but not of limitation, with the succeeding

sub-clause of this clause) and payment to be made accordingly for the work actually executed

and approved by the Engineer-in-Charge. The sum so ascertained shall (excepting only as and to

the extent expressly provided herein) constitute the sole and inclusive remuneration of the

consultant under the contract and no further payment whatsoever shall be or become due or

payable to the consultant under the contract.

b) Schedule of rates to be inclusive:

The prices/rates quoted by the consultant shall remain firm till the issue of final completion

certificate and shall not be subject to escalation. Schedule of rates shall be deemed to include

and cover all costs, expense and liabilities of every description and all risk of every kind to be

taken in executing, completing and handing over the work to the Owner by the Contractor. The

Consultant shall be deemed to have known the nature, scope, magnitude and the extent of the

works and materials required, though the contract document may not fully and precisely furnish

them. He shall make such provision in the item rates as he may consider necessary to cover the

cost of such items of work and materials as may be reasonable and necessary to complete the

works. The opinion of the Engineer-in- Charge as to the items of work which are necessary and

reasonable for completion of work shall be final and binding on the contractor, although the

same may not be shown on or described specially in contract documents. Generality of this

present provision shall not be deemed to cut down or limit in any way because in certain cases it

may and in other cases it may not be expressly stated that the consultant shall services at his

own cost or without addition of payment or without extra charges or words to the same effect or

that it may be stated or not stated that the same are included in and covered by the schedule of

rates.

c) Schedule of Rates to cover Risk of Delay:

The schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay

and interference with the contractors conduct of work which occur from any cause including

orders of owner in the exercises of his powers and on account of extension of time granted due

to various reasons and for all other possible or probable cause of delay.

d) Schedule of Rates cannot be altered:

For work under unit rate basis, no alteration will be allowed in the schedule of Rates by reason

of work or any part of them being modified, altered, extended, diminished or omitted. The

schedule of Rates are fully Inclusive rates which have been fixed by the consultant and agreed

to the Owner and cannot be altered. For lump sum contract, the payment will be made according

to the work actually carried out for which purpose an item wise or work wise, Schedule of rates

shall be furnished, suitable for evaluating the value of work done and preparing running account

bills

7 PERFORMANCE SECURITY DEPOSIT/RETENTION MONEY:

a) To ensure performance of the contract and due discharge of the contractual obligations, the

successful consultant will have to provide security deposit of 10% of the contract value. This

Security deposit may be furnished in the form of an Account payee Demand Draft payable to

BPCL or Bank Guarantee in the prescribed format. The consultant shall have the option to

adjust any Earnest Money Deposit- (EMD) if paid by demand draft towards security deposit if

he so desires or otherwise if submitted by way of bank guarantee the validity of the same to be

extended suitably as advised by BPCL. In the case of security deposit submitted in the form of

Bank guarantee, the Bank Guarantee shall be valid and remain in force till the contractual

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completion period and with a claim period of six months thereafter. The Bank Guarantee shall

be in the form prescribed. In case the successful consultant is not furnishing the performance

security deposit as referred above on award of the job, the same shall be deducted from each

running account bills at the rate of 10% of bill value till overall security deposit of 10% as

mentioned above is collected. The security deposit will be retained till the successful completion

of the work and thereafter till the expiry of the defect liability period, if applicable. This

retention money/Bank guarantee held shall be released after the expiry of the defect liability

period provided that any defects appearing during that period are corrected by the consultant

and subject to Clause 7 (b) below. In the case of value/rate/quantity contracts, the security

deposit shall be based on individual release orders issued.

b) If the consultant or their employees shall break, deface or destroy any property belonging to the

Owner or other agency during the execution of the contract, the same shall be made good by the

Consultant at his own expenses and in default thereof, the Engineer-in-Charge may cause the

same to be made good by other agencies and recover expenses from the consultant (for which

the certificate of the Engineer-in-Charge shall be final). These expenses can be recovered from

the security deposit/retention money if recovery from other sources is not possible.

c) All compensation or other sums of money payable by the consultant to the Owner under terms of

this contract may be deducted from his security deposit/retention money or from any sums

which may be or may become due to the consultant by the Owner on any account whatsoever

and in the event of his security deposit/retention money being reduced by reasons of any such

deductions. The consultant shall within ten days thereafter make good any sum or sums, which

may have been deducted from his security Deposit/retention money. No interest shall be payable

by the Owner from sum deposited as security deposit/retention money.

d) The security deposit shall be held by the Owner, as security for the due performance of the

Consultant’s obligations under the contract, provided that nothing herein stated shall make it

incumbent upon the Owner to utilize the security deposit/retention money in preference to any

other remedy which the Owner may have, nor shall be construed as confining the claims of the

Owner against the consultant to the quantum of the Security Deposit/retention money.

e) The Bank guarantee if submitted shall be from any Indian scheduled bank or an international bank

of repute having a branch in India or a corresponding banking relationship with an Indian

scheduled bank. The security deposit/retention money shall be in Indian Rupee in the case of

domestic bidders and in US Dollars in the case of foreign bidders.

8 FORFEITURE OF SECURITY DEPOSIT:

Whenever any claim against the Consultant for the payment of a sum of money arises out of or

under the contract, the Owner shall be entitled to recover such sum by appropriating in part or

whole, security deposit of the contractor, forming whole or part of such security being insufficient

or if no security has been taken from the Consultant then the balance or the total sum recoverable, as

the case may be, shall be deducted from any sum then due or which at any time thereafter may

become due to the consultant. The consultant shall pay to the owner on demand any balance

remaining due.

9 ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED

In any case in which, under any clause or clauses of this contract, the consultant shall have forfeited

the whole of his security deposit (whether paid in one sum or deducted by installment) or have

committed a breach of any of the terms contained in this contract the owner shall have power to

adopt any of the following courses as he may deem best suited to his interest.

a. To rescind the contract (of which rescission notice in writing to the consultant under the hand of

the owner shall be conclusive evidence) in which case the security deposit of the consultant

shall stand forfeited and be absolutely at the disposal of the Owner.

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b. To employ labour paid by the owner and to supply materials to carry out the work any part of the

work, debiting consultant with the labour cost of tools and plants and equipment charges, the cost

of the materials for which a certificate of the Engineer-in-Charge shall be final and conclusive

against the Consultant and 10% of costs as above to cover all departmental charges and crediting

him with the value of the work done in all respects in the manner and at the same rates as if it had

been carried out by the Consultant under the term of his contract. The certificate of Engineer-in-

Charge as to the value of the work done shall be final and conclusive against the contractor.

c. To measure up the work of the consultant and to take such part thereof as shall be unexecuted out

of his hand to give it to another consultant to complete in which case any expenses which may be

incurred in excess of the sum which would have been paid to the original contractor, if the whole

work had been executed by him (of the amount of which excess, the certificate in writing of the

Engineer-in-Charge shall be final and conclusive) shall be borne and paid by the original

consultant and may be deducted from any money due to him by the Owner under the contract or

otherwise or from his security deposit or from the proceeds of sale thereof, of a sufficient part

thereof.

d. In the event of any of the above course being adopted by the Owner, the consultants shall have

no claim to compensation for any loss sustained by him by reason of his having purchased or

procured any materials or entered into any agreements or made any advances on account of or

with a view to the execution of the work of the performance of the contract. In case the

Consultant shall not be entitled to recover or be paid any sum for any work actually performed

under this contract unless the Engineer-in- Charge will certify in writing the performance of such

work and the value payable in respect thereof and he shall only be entitled to be paid the value so

certified.

10 Progress Monitoring

a. The Consultant shall submit program of execution both in the form of activities in 'Project' as

well as quantitative program in terms of month wise physical targets for various disciplines of

work. These shall be periodically updated considering the progress of the Project.

b. On the first day of each calendar month following effectiveness of the Contract, two copies of a

monthly progress report with exception report showing current status of various activities shall

be submitted by the Consultant to the BPCL.

c. The monthly progress report to be submitted by the Consultant shall indicate progress of

activities against targeted dates and targeted quantities in Performa as per the requirement of the

Contract for maintaining consistency of reporting and for maintaining database by, the BPCL.

Reasons for shortfalls, if any, shall be clearly brought out and proposed remedial measures to

arrest the delays shall be indicated by the Consultant in the progress report, wherever applicable.

d. The progress report shall also highlight inspection status. The Consultant shall submit one copy

of the inspection certificate duly signed by representatives/ authorized agencies after inspection

along with each progress report.

11 FORCE MAJEURE:

Any delays in or failure of the performance of either part hereto shall not constitute default here under

or give rise to any claims for damages, if any, to the extent such delays or failure of performance is

caused by occurrences such as Acts of God or the public enemy expropriation or confiscation of

facilities by Govt./authorities, compliances with any order or request of any Government authorities,

acts of war, rebellion or sabotage or fires, floods, explosions, riots or strikes. The consultant shall keep

records of the circumstances referred to above and bring these to the notice of Engineer-in-Charge in

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writing immediately on such occurrences.

12 TERMINATION/OFFLOADING:

The consultant fully understands that timely completion of the work as per the schedule is of

paramount necessity as otherwise it would lead to adversely affecting the schedules of other

works/project with resultant financial and other losses to the Company/owner. In view of this, the

consultant unconditionally agrees and binds himself to be liable for all the consequences for non-

completion of the work within the stipulated time.

In case a situation is brought about by the consultant warranting termination/off-loading of the whole

or any part of the work for any reason whatsoever, the Company/owner shall have the liberty and right

to entrust/engage/award the work so terminated/off loaded at the risk and cost of the consultant to any

other agency/consultant by adopting any mode of inviting tenders, i.e. open/limited/single

party/negotiation basis etc. in order to ensure completion of the work as per the schedule or at the

quickest possible time.

13 RIGHT OF OWNER TO DETERMINE / TERMINATE CONTRACT

a. Owner shall, at any time be entitled to determine and terminate the contract, if in the opinion of

the Owner the cessation of the work becomes necessary owing to paucity of funds or for any

other cause whatsoever, in which case, the cost of approved materials at the site at current

market rates as verified and approved by Engineer-in-Charge and of the value of the work done

to date by the consultant shall be paid for in full at the rates specified in the contract. A notice in

writing from the Owner to the consultant of such determination and termination and the reason

thereof, shall be the conclusive proof of the fact that the contract has been so determined and

terminated by the Owner.

b. Should the contract be determined under sub-clause (a) of this clause and the consultant claims

payments to compensate expenditure incurred by him in the expectation of completing the

whole of the work, the Owner shall consider and admit such claim as are deemed fair and

reasonable and are supported by vouchers to the satisfaction of the Engineer-in-Charge. The

Owner’s decision on the necessity and propriety of any such expenditure shall be final and

conclusive and binding on the contractor.

14 FORECLOSURE

The Corporation reserves the right to foreclose the contract in the event of change of market

conditions, GOI guidelines / directives, environment statutes forcing revision in type of

Certifications / Audits etc.

15 ARBITRATION:

a. Any dispute or difference of any nature whatsoever, any claim, cross-claim, counter-claim or set

off of BPCL against the Consultant or regarding any right, liability, act, omission on account of

any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole

Arbitration of the Director (Marketing) (herein after named as Director) of the BPCL or of some

officer of the BPCL who may be nominated by the Director (Marketing). The Consultant will not

be entitled to raise any objection to any such arbitrator on the ground that the arbitrator is an

Officer of the BPCL or that he has dealt with the matters to which the contract relates or that in

the course of his duties as an Officer of the BPCL he had expressed views on all or any other

matters in dispute or difference. In the event of the arbitrator to whom the matter is originally

referred being transferred or vacating his office or being unable to act for any reason, the

Director as aforesaid at the time of such transfer, vacation of office Or inability to act may in the

discretion of the Director designate another person to act as arbitrator in accordance with the

terms of the agreement to the end and intent that the original Arbitrator shall be entitled to

continue the arbitration proceedings not withstanding his transfer or vacation or office as an

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Officer of the BPCL if the Director does not designate another person to act as arbitrator on such

transfer, vacation of office or inability of original arbitrator. Such persons shall be entitled to

proceed with the reference from the point at which it was left by his predecessor. It is also a term

of this contract that no person other than the Director or a person nominated by such Director of

the BPCL as aforesaid shall act as arbitrator, hereunder. The award of the arbitrator so appointed

shall be final conclusive and binding on all parties to the agreement subject to the provisions of

the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof

and the rules made there under for the time being in force shall apply to the arbitration

proceedings under this clause.

b. The arbitrator shall have power to order and direct either of the parties to abide by, observe and

perform all such directions as the arbitrator may think fit having regard to the matters in

difference i.e. dispute before him. The arbitrator shall have all summary powers and may take

such evidence oral and/ or documentary, as the arbitrator in his absolute discretion thinks fit and

shall be entitled to exercise all powers under the Arbitration and Conciliation Act, 1996 including

admission of any affidavit as evidence concerning the matter in difference i.e. dispute before

him.

c. The parties against whom the arbitration proceedings have been initiated, that is to say the

Respondents in the proceedings, shall be entitled to prefer a cross-claim, counter-claim or set off

before the Arbitrator in respect of any matter an issue arising out of or in relation to the

Agreement, without seeking a formal reference of arbitration to the Director for such counter-

claim, cross or set off and the Arbitrator shall be entitled to consider and deal with the same as if

the matters arising there from has been referred to him originally, and deemed to form part of the

reference made by the Director.

d. The arbitrator shall be at liberty to appoint, if necessary, any accountant or engineering or other

technical person to assist him and to act by the opinion so taken.

e. The arbitrator shall have power to make one or more awards whether interim or otherwise, in

respect of the dispute and difference and in particular will be entitled to make separate awards in

respect of claims or cross-claims of the parties.

f. The arbitrator shall be entitled to direct any one of the parties to pay the costs of the other party

in such manner and to such extent as the arbitrator may in his discretion determine and shall also

be entitled to require one or both the parties to deposit funds in such proportion to meet the

arbitrators’ expenses whenever called upon to do so.

g. The parties hereby agree that the courts in the city of Mumbai, alone shall have jurisdiction to

entertain any application or other proceedings in respect of anything arising under this agreement

and any award or awards made by the Sole Arbitrator hereunder shall be filed in the concerned

courts in the city of Mumbai only.

16 JURISDICTION

The consultant shall be governed by the Laws in force in INDIA. The consultant hereby submits to

the jurisdiction of the Courts situated at Mumbai, for the purpose of actions and proceedings arising

out of the contract and the courts at Mumbai, only will have jurisdiction to hear and decide such

actions and proceedings.

17 GOVERNING LAW

The Parties hereto agree that their respective rights, privileges, duties and obligations under this

contract to be executed shall be determined and be governed by the Laws of India.

18 INTERPRETATION OF CONTRACT DOCUMENT

a. Except if and to the extent otherwise provided by the Contract, the provisions of the General

Conditions of Contract and special conditions shall prevail over those of any other documents

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forming part of the contract. Several documents forming the contract are to be taken as mutually

explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract or

any of the matter may be referred to Engineer-in-Charge, who shall give his decisions and issue

to the Consultant instructions directing in what manner the work is to be carried out. The

decision of the Engineer-in-Charge shall be final and conclusive and the consultant shall carry

out work in accordance with this decision.

b. Works shown upon the drawing but not mentioned in the specifications or described in the

specification without being shown on the drawings shall nevertheless be held to be included in

the same manner as if they had been specifically shown upon the drawings and described in the

specifications.

c. Headings and marginal notes to the clauses of these General Conditions of Contract or to

specifications or to any other tender document are solely for the purpose of giving a concise

indication and not a summary of the content thereof, and they shall never be deemed to be part

thereof or be used in the interpretation or construction thereof of the Contract.

19 TIME OF PERFORMANCE

a. The work covered by this contract shall be commenced as detailed in the purchase order or as

per the instructions of the BPCL and be completed in stages on or before the dates as mentioned

in the time schedule of completion of work. The consultantshould bear in mind that time is the

essence of this agreement unless such time be extended pursuant to the provision of clause No.

21. Request for revision of Completion time after tenders are opened will not receive

consideration.

b. Time Schedule of Completion: The general time schedule of completion is given in the tender

document. Consultant should prepare a detailed monthly and weekly execution program, jointly

with the Engineer-in-Charge within two weeks of receipt of Letter of Intent or acceptance of

tender. The work shall be executed strictly as per the time schedule given in this document. The

period of completion given includes the time required for testing, rectifications, if any, retesting

and completion in all respects to the entire satisfaction of the BPCL Engineer-in-Charge.

20 EXTENSION OF TIME:

If the consultant shall desire an extension of the time for completion of the work on the grounds of

his having been unavoidably hindered in its execution or on any other grounds, he shall apply in

writing to the Engineer-in-Charge within two weeks of the date of hindrance on account of which he

desires such extension as aforesaid, and the Engineer-in-Charge shall if in his opinion (which shall

be final), reasonable grounds have been shown thereof, authorize such extension of time as may in

his opinion be necessary or proper. In the event of extension of Time of the contract, if granted, the

consultant shall be required to suitably extend the period of Bank Guarantee if submitted, towards

security Deposit/retention money suitably

21 NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK:

If at any time from the commencement of the work the owner shall for any reasons whatsoever, not

require the whole or part thereof as specified in the tender to be carried out, the Engineer-in-Charge

shall give notice in writing of the fact to the contractor, who shall have no claim to any payment or

compensation whatsoever on account of any profit or advantage which he might have derived from

the execution of the work in full, but which he did not derive in consequence of the full amount of

the work not having been carried out, neither shall he have any claim for compensation by reason of

any alterations having been made in the original specifications, drawings, designs and instructions

which shall involve any curtailment of the work as originally contemplated.

22 SUB-LETTING OF WORK

The whole of the work included in the Contract shall be executed by the Consultant and the

Consultant shall not directly or indirectly transfer , assign or sublet the Contract or any part or share

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/ thereof / interest therein without the written consent of the BPCL Engineer–in-charge . No

undertaking shall relieve the Consultant from the full and entire responsibility.

23 NOTICES

Any notice hereunder may be served on the consultant or his duly authorized representative at the

job site or may be served by registered mail direct to the address furnished by the Contractor. Proof

of issue of any such notice could be conclusive of the consultant having been duly informed of all

contents therein.

24 VALIDITY OF THE CONTRACT

The PMC Contract shall be effective from the date of receipt of the Letter of Award (LOA) and

shall remain in force till the completion of project as per EPC contract or on cessation of

responsibilities of PMC. It will be the responsibility of PMC to complete the work in stipulated time

such as stabilization of system, receipt of all statutory compliances, reconciliation, closing of

contract and closing of dispute with EPC, if any.

25 POLICY ON HOLIDAY LISTING:

The guidelines and procedures for Holiday Listing are available separately in BPCL website and

shall be applicable in the context of all tenders floated and consequently all orders/ contracts /

purchase orders. It can be accessed using the following link:

http://bharatpetroleum.in/pdf/holidaylistingpolicyfinal.pdf .

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ANNEXURE V: GENERAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING

1. Interested parties may download the tender from BPCL website (http://www.bharatpetroleum.in) or

the CPP portal (http://eprocure.gov.in) or from the e-tendering website (https://bpcleproc.in) and

participate in the tender as per the instructions given therein, on or before the due date of the tender.

The tender available on the BPCL website and the CPP portal can be downloaded for reading

purpose only. For participation in the tender, please fill up the tender online on the e-tender system

available on https://bpcleproc.in.

2. For registration on the e-tender site https://bpcleproc.in, you can be guided by the “Instructions to

Vendors” available under the download section of the homepage of the website. As the first step,

bidder shall have to click the “Register” link and fill in the requisite information in the “Bidder

Registration Form”. Kindly remember your e-mail id (which will also act as the login ID) and the

password entered therein. Once you complete this process correctly, you shall get a system generated

mail. Login in to the portal using your credentials. When you log in for the first time, system will ask

you to add your Digital Signature. Once you have added the Digital Signature, please inform us by

mail to the vendor administrator [email protected] with a copy to [email protected]

for approval. Once approved, bidders can login in to the system as and when required.

3. As a pre-requisite for participation in the tender, vendors are required to obtain a valid Digital

Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT

Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India

(RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate

shall be borne by the vendor.

In case any vendor so desires, he may contact our e-procurement service provider M/s. E-

Procurement Technologies Limited, Ahmadabad (Contact no. Tel: +91 79 4001 6816 | 6848 | 6844 |

6868 & Tel: +91 22 65354113 | 65595111) for obtaining the digital signature certificate.

4. Corrigendum/ amendment, if any, shall be notified on the site https://bpcleproc.in. In case any

corrigendum/ amendment is issued after the submission of the bid, then such vendors who have

submitted their bids, shall be intimated about the corrigendum/amendment by a system-generated

email. It shall be assumed that the information contained therein has been taken into account by the

vendor. They have the choice of making changes in their bid before the due date and time.

5. Price bid of only those vendors shall be opened whose Techno-Commercial bid is found to be

acceptable to us. The schedule for opening the price bid shall be advised separately.

6. Directions for submitting online offers, electronically, against e-procurement tenders directly

through internet:

(a) Vendors are advised to log on to the website (https://bpcleproc.in) and arrange to register

themselves at the earliest, if not done earlier.

(b) The system time (IST) that will be displayed on e-Procurement web page shall be the time

considered for determining the expiry of due date and time of the tender and no other time shall

be taken into cognizance.

(c) Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement

system well before the closing date and time of bid. If the vendor intends to change/revise the

bid already submitted, they shall have to withdraw their bid already submitted, change / revise

the bid and submit once again. In case vendor is not able to complete the submission of the

changed/revised bid within due date & time, the system would consider it as no bid has

been received from the vendor against the tender and consequently the vendor will be out

of contention. The process of change / revise may do so any number of times till the due date

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and time of submission deadline. However, no bid can be modified after the deadline for

submission of bids.

(d) Once the entire process of submission of online bid is complete, they will get an auto mail from

the system stating you have successfully submitted your bid in the following tender with tender

details.

(e) Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender.

Hence, no bid can be submitted after the due date and time of submission has elapsed.

(f) No manual bids/offers along with electronic bids/offers shall be permitted.

7. For tenders whose estimated procurement value is more than Rs. 10-Lacs, vendors can see the rates

quoted by all the participating bidders once the price bids are opened. For this purpose, vendors shall

have to log in to the portal under their user ID and password, click on the “dash board” link against

that tender and choose the “Results” tab.

8. No responsibility will be taken by BPCL and/or the e-procurement service provider for any delay due

to connectivity and availability of website. They shall not have any liability to vendors for any

interruption or delay in access to the site irrespective of the cause. It is advisable that vendors who

are not well conversant with e-tendering procedures, start filling up the tenders much before the due

date /time so that there is sufficient time available with him/her to acquaint with all the steps and

seek help if they so require. Even for those who are conversant with this type of e-tendering, it is

suggested to complete all the activities ahead of time. It should be noted that the individual bid

becomes viewable only after the opening of the bid on/after the due date and time. Please be

reassured that your bid will be viewable only to you and nobody else till the due date/ time of the

tender opening. The non availability of viewing before due date and time is true for e-tendering

service provider as well as BPCL officials.

9. BPCL and/or the e-procurement service provider shall not be responsible for any direct or indirect

loss or damages and or consequential damages, arising out of the bidding process including but not

limited to systems problems, inability to use the system, loss of electronic information etc.

In case of any clarification pertaining to e-procurement process, the vendor may contact the following

agencies / personnel:

FOR SYSTEM RELATED ISSUES:

M/s. E-Procurement Technologies Limited:

Contact Numbers: +91 79 4001 6868

E-mail id: [email protected].

FOR TENDER RELATED QUERIES:

(1) Payal Agarwal, Deputy.Manager, CPO (M)

Phone: 022-24176395, E-mail: [email protected]

(2) Anil Ahir, Group Leader-IV, CPO (M)

Phone: 022-24176404, E-Mail: [email protected]

The responsible person of the tender is Procurement Leader of BPCL at contact no 022-

24176404/ 6395

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ANNEXURE VI

PERFORMANCE BANK GUARANTEE

(On Non-judicial paper for appropriate value)

To,

Bharat Petroleum Corporation Limited

---------------------------------------------------

---------------------------------------------------

---------------------------------------------------

Dear Sir,

In consideration of the Bharat Petroleum Corporation Limited, (hereinafter called ‘the Company’ which

expression shall include its successors and assigns) having awarded to M/s. (Name) ……….

(Constitution)………….. (address) ………. (hereinafter referred to as “The vendor” which expression

shall wherever the subject or context so permits include its successors and assigns) a supply contract in

terms interalia, of the Company’s Purchase order No…….. dated ………. and the General and Special

Purchase Conditions of the Company and upon the condition of vendor’s furnishing security for the

performance of the vendor’s obligations and/or discharge of the vendor’s liability under and / or in

connection with the said supply contract upto a sum of Rs. (in figures)…………..Rs (in

words)…………………………only amounting to 10% (ten percent) of the total contract value.

We, (Name)…………..(constitution) ……………(hereinafter called “the Bank” which expression shall

include its successors and assigns) hereby jointly and severally undertake and guarantee to pay to the

Company in -----(Currency) forthwith on demand in writing and without protest or demur of any and all

moneys any wise payable by the Vendor to the Company under in respect of or in connection with the

said supply contract inclusive of all the Company’s losses and expenses and other moneys anywise

payable in respect to the above as specified in any notice of demand made by the Company to the Bank

with reference to this Guarantee upto an aggregate limit of Rs(in figures)…………Rs(in

words)……………………….only.

AND the Bank hereby agrees with the Company that

(i) This Guarantee/undertaking shall be a continuing guarantee and shall remain valid and irrevocable

for all claims of the Company and liabilities of the vendor arising upto and until midnight of

…………………………………..

This date shall be 6 months from the last date of guarantee period.

(ii) This Guarantee/ Undertaking shall be in addition to any other guarantee or security of whatsoever

that the Company may now or at any time otherwise have in relation to the vendor’s

obligation/liabilities under and /or connection with the said supply contract, and the Company shall

have full authority to take recourse to or reinforce this security in preference to the other

security(ies) at its sole discretion, and no failure on the part of the Company in enforcing or

requiring enforcement of any other security shall have the effect of releasing the Bank from its

liability hereunder.

(iii) The Company shall be at liability without reference to the Bank and without effecting the full

liability of the Bank hereunder to take any other security in respect of the vendor’s obligations and

/or liabilities under or in connection with the said supply contract and to vary the terms vis a vis the

vendor of the said supply contract or to grant time and/ or indulgence to the vendor or to reduce or

to increase or otherwise vary the prices of the total contract value or to release or to forbear from

enforcement all or any of the obligations of the vendor under the said supply contract and/ or the

remedies of the Company under any other security(ies) now or hereafter held by the Company and

no such dealing(s), variation(s), reduction(s), increase(s) or the indulgence(s) or arrangement(s)

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with the vendor or release or forbearance whatsoever shall have the effect of releasing the Bank

from its full liability to the Company hereunder or of prejudicing rights of the Company against the

Bank.

(iv) This Guarantee /Undertaking shall not be determined by the liquidation or winding up

ordissolution or change of constitution or insolvency of the vendor but shall in all respects and for

all purposes be binding and operative until payment of all moneys payable to the Company in

terms hereof.

(v) The Bank hereby waives all rights at any time inconsistent with the terms of the Guarantee/

Undertaking and the obligations of the Bank in terms hereof shall not be anywise affected or

suspended by reason of any dispute or disputes having been raised by the vendor (whether or not

pending before any Arbitrator, officer, Tribunal or Court) or any denial of liability by the vendor or

any other order of communication whatsoever by the vendor stopping or preventing or purporting

to stop or prevent any payment by the Bank to the Company in terms hereof.

(vi) The amount stated in any notice of demand addressed by the Company to the Guarantor as liable to

be paid to the Company by the vendor or as suffered or incurred by the Company on account of

any losses or damages of costs, charges and or expenses shall as between the Bank and the

Company be conclusive of the amount so liable to be paid to the Company or suffered or incurred

by the Company, as the case may be and payable by the Guarantor to Company in terms hereof.

Yours faithfully,

(Signature)

NAME & DESIGNATION

NAME OF THE BANK

NOTES:

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ANNEXURE VII

Proforma for declaration of black listing / Holiday Listing

We hereby declare that we are not currently serving any holiday listing orders issued by BPCL or

MOPNG debarring us from carrying on business dealings with BPCL/MOPNG or serving a banning

order by another Oil PSE.

It is understood that any wrong declaration in this context shall make my agency/ company liable

for action under the Holiday Listing procedure of BPCL.

Date: Authorized Signatory

Place:

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ANNEXURE VIII

Following Details have to be filled online:

1. Techno-commercial details and other information

1 Name of the Tenderer (Company Name) , Office Address, Tel No & Fax No - Office ,

Contact Persons Name, Email ID, Designation & Cell No.

2 Constitution of the firm :Sole Proprietor / Partnership – Registered before Registrar of

Firms / Partnership – Unregistered / Pvt Ltd Co / Public Ltd Co / PSU / Govt.

3 Year of Establishment / Registration & Date, Registration No, Registration under which Act

4 PAN Card No. , Excise, Sales Tax and Service Tax Registration No. as applicable

5 Major Customers

6 Name & address of the Proprietor/ Partners/ Directors with percentage of share holding

7 Name of Bankers & Full Address

8 Please confirm number of branch offices in India. Vendor shall submit the complete list

branch offices in India.

9 Please confirm validity of the offer shall be 90 days from the date of opening of the

tender

Note: In case of any Deviation kindly mention in the Deviation Sheet with proper Justification.

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ANNEXURE IX: DECLARATION FORMS

DETAILS OF RELATIONSHIP WITH BPC DIRECTORS

PART- A (Applicable where Manufacturer is Sole Proprietor)

1.Name of Tenderer

2.a.Office Address

2.b.Residence Address

3.Telephone

4. State whether manufacturer is related to any of the director(s) of

BPC

5.If `Yes' to 4, state the name of the Director and manufacturer’s

relationship with him/her.

Put 'NA' whichever is not applicable

PART- B (Applicable where the manufacturer is a partnership firm)

1. Name of the Partnership firm

2.Address :

3.Name of Partners

4.State whether any of the partner is a Director to BPC

5. If `Yes' to 4 ,state the names(s) of Directors.

6.State whether any of the partner is related to any of the

Director(s)of BPC

7.If `Yes' to 6 state the name(s) of Director(s) and the concerned

Partner's relationship with him/her.

Put 'NA' whichever is not applicable

PART - C (Applicable where the Manufacturer is a Public or Private Ltd. Co.)

1. Name of the Company

2.a.Address of Regd. Office

2.b.Address of Principal Office

3.State whether the company is a Pvt. Ltd. Co. or Public Ltd Co.

4. Names of Directors of the Company

5.State whether any of the Director of your Company is a Director of

BPC .

6.If `Yes' to (5) state the name(s) name(s) of the Director

7.State whether any of the Director of your Company is related to any

of the Director's of BPC.

8.If `Yes' to (7) state the name(s) of Director and the concerned

Director's (of the Vendor) relationship with him/her.

Put 'NA' whichever is not applicable

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Part B

Price Bids

Following are the sample sheets .Vendors have to fill Price Bids online in e-tender.

Sr no: Description UOM Qty Unit Price

INR

1

Preparation of DFR for setting up

commercial wind energy generation project

of 6 MW ( +/- 5 %) in any state in India.

Only Service Tax as applicable and declared

by the bidder shall be payable over and above

this amount. LS 1

To be

quoted by

the bidder

2

Development and finalization of EPC and

O&M contract and placement of contract

.Only Service Tax as applicable and declared

by the bidder shall be payable over and above

this amount. LS 1

To be

quoted by

the bidder

3

Supervision / validation of design ,

engineering , erection, testing and

commissioning of the project including

boarding & lodging charges for site visits

& supplier plant visits to carry out the work

as defined in the detailed scope of work of

the tender. Only Service Tax as applicable

and declared by the bidder shall be payable

over and above this amount. LS 1

To be

quoted by

the bidder

4

Monitoring of O&M on behalf of owner

for a period of six months from the date of

commissioning including boarding and

lodging charges. Only Service Tax as

applicable and declared by the bidder shall be

payable over and above this amount.

per

month 6

To be

quoted by

the bidder

5

Service Tax payable including cess/

surcharge (in %)-( shall a include education

cess, surcharge etc. complete payable on

service tax % 1

To be quoted by

the bidder